You've got questions and I've got answers! The E3 Visa is a wonderful resource for Australians, but there are lots of nuances to it and I know some of the questions can get specific, so here you go.
If you're looking for more general information about how to get an E3, then click here to read everything about the E3 visa!
The E3 visa application fee is $315USD (~$481AUD).
This is much cheaper than many other visas because there is no additional cost down the road when you actually get approved. Many visas have an issuance fee after the application fee, but that's not the case with the E-3.
More importantly though there is no cost to the employer. This application fee can be paid by you or the employer, but there is no other work that is required which makes it a much lower barrier than many other visa options available to other international citizens.
Yes. E-3 holders who are attending school incidental to their primary purpose for being in the United States may attend the school of their choice either part-time or full-time (unless otherwise
noted here). You must make sure though that you live up to all your E3 requirements at all times.
This is a question I get asked a lot and the answer is not so straight forward. To do this, and to understand the intricacies of what exactly is an is not allowed, you must speak to a lawyer.
Yes, it's normal that your passport has arrived at a PO Box in St Kilda, Victoria. This is the US Consulate's PO Box and means your passport stamp has arrived back. You should hear from them shortly.
Yes, you need to print out your Certified LCA (it says Certified in the bottom left corner) and have it signed by the person who is detailed in the document. You must take that version to your interview and they will keep it at the end.
They CAN be the same person but they need not necessarily be the same person. The person who signs that declaration of the employer must have the authority to enter into binding contracts on behalf of the company (i.e. an officer of the business entity). The person listed as the employer's point of contact is just the person with whom the agency (USCIS) can communicate about the application.
No restrictions. The E3 is a multiple entry visa which allows you to travel internationally and re-enter the US for the duration of the visa.
If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism).
Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the U.S. port-of-entry (POE, generally an airport or land border) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation “VIOPP” (visa in other passport).
Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
Yes. I would suggest using the https://i94.cbp.dhs.gov/I94/ website for last entrances, which includes most if not all. Always be as honest as possible and you can’t go wrong.
This is a very important step and can be found on the Form A-11
Yes, you can! To get your appointment you need a DS-160, and the DS-160 includes a question (that you can leave blank re: LCA). So you can fill the DS-160 in, leave it blank, book an appointment with your confirmed DS-160 number. Then when your LCA gets approved, file a new DS-160, now including your approved LCA number, and then contact the embassy you’re going to and ask to update your DS-160 (because “you needed to update the LCA details”). They should be completely fine with it and away you go.
All embassy locations are unique, so it's important you check with the location you are applying to.
This is a new visa. You will need to leave the country or apply for an internal transfer or status.
Yes, you can get an E3 for a part-time role, it is totally permissible. You can apply for the E-3 with an hourly wage (as opposed to an annual wage) that's over the earning threshold for your profession.
No. You can only work for the company specifically outlined in your E3 Visa.
Yes, you can, there are two ways but you need to be cautious because the E-3 visa is a non dual-intent visa and therefore this can not be your plan when you enter the country.
It's a combination. If you're ending your visa before the length of time allocated on your visa, it's 60 days. If you've finished the visa, then it's 10 days. https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs
Yes, but your E3 visa will only be valid for that long
Yes. You need to have a job offer from your employer in the United States before you can apply for the E-3 visa.
Yes. Many lawyers will recommend you get your first in Australia, which is a “safer” bet, but there's no requirement for that. You can apply at any U.S. Embassy or Consulate which processes nonimmigrant visas, outside the US.
No, unlike the H1B, the employer in the United States is not required to submit a petition to USCIS as a prerequisite for the E3 visa. However, the employer must obtain a Labor Condition Application (LCA), from the department of labor by filing form ETA Form 9035. There is no fee to submit the ETA9035.
There is a limit of 10,500 visas issued each year, however we've never reached that cap.
You can enter up to 10 days before your job starts.
There is no limit to how long you stay outside the United States, however a condition of your visa is that you are working for your employer so you must remain employed for that period.
In reality, no. There are exceptions like pregnancy which will allow you to take extended leave from your work but as a general rule, you are not allowed to take unpaid leave from your work (as this pay is a requirement for your visa).
Technically no, but it is recommended to ensure your visa is issued correctly and many employers will insist on using a lawyer.
Head to the FLAG, the US website for filing LCAs here https://flag.dol.gov/case-status-search
Yes, you can, in theory, renew the visa indefinitely for up to two years each time. This is always up to the discretion of the immigration officer you are speaking to.
Hi Josh
Just wanted to check if you knew what the current processing time is for an E3 visa?
When I applied in 2018, ti was around 2 weeks. Do you know if this is still the case?
Thanks,
Anton
Hi America Josh,
So glad to find your website, very helpful for Aussies working in America. Our first E3 visa was expired, and employer lawyer applied extension for us and granted. We planed to go overseas this year, and need to have the stamp on our passports. However, we found its super long queue to find a spot in Canada Consulates, and Mexico Consulates don’t allow expats to apply visa extension anymore. If we don’t want to go back to Australia, can you recommend any other countries we can have our stamps quickly?
Hi Josh,
Thank you for everything you do!
My current E3 visa will expire in October 2023. My company would like me to apply for the same visa again so I gathered all the paperwork and have an appointment set for August 2023. I will still be working in the same position I do now.
My question is: how should the company handle the change to the new visa? Do they need to terminate my current employment and then rehire me? What is recommended?
Hi Nic, no, just another letter that says that you are being hired from X date to Y date in the same position you were previously hired in. It can roll into the next one as long as you never work outside of the admitted dates.
Hi Josh,
I’ll be applying for an E3 renewal around July/August (having renewed once already), and am having a tough time finding accurate processing times out there in order to decide where to go.
Am I to assume that E visas are considered the same as the ‘Interview Waiver Petition-Based Temporary Workers (H, L, O, P, Q)’ on the DoS website? Are there certain consulates that do and don’t process E visa renewals? Are there any consulates that you would recommend?
Thank you!
Hi Tom, unfortunately finding that kind of info is notoriously difficult, but are you talking about processing times or appointment wait-times? Generally London, all of Germany, Australia, Barbados, and the Bahamas are all great options!
Hey America Josh,
So happy to have come across your page! Super grateful for all your efforts and community support.
I see a few people here are asking about degree accreditation for those with part-degree and working experience, although I’ve got a few questions I’m hoping you may be able to answer.
– How would you recommend noting a partial/incomplete degree on a resume, trying to avoid any red flags?
– Would you recommend getting the accreditation from Silvergate before even starting the job application process, or best to do this at offer stage?
From what I’ve read, there are different accreditation agencies out there, along with different lawyers that can support with being creative wordsmiths to ensure some sort of US degree-equivalent. Is this common and widely accepted?
Cheers,
Sam
Hey Sam!
So I don’t think I would include partial/incomplete degrees on a resume, not for a job anyway. Just because I don’t think you could easily show why that’s important (even though you learned plenty). Yes, I went to Silvergate early and had all that ready to reduce delays later on because once an employer is interested, you don’t want any delays!
There are many, but it’s worthwhile sticking with the big ones who can connect you to a good US University/College and have a document written which holds some weight!
A bit of a rare one for you Josh – I attended my E3 visa interview in London today. The embassy staff member I interviewed with told me that my visa had been approved in the system, however she couldn’t take my passport from me to process as their system was down. This means I am in ‘administrative processing’, which from what I have read is a black hole and could take up to 60 days to have resolved. As I have a job offer and an expected start date of next week, I am extremely worried. Hoping you have heard of this issue before?
Hey Patrick! That term can mean lots of things but for you I think it will come right out (it’s very normal for everyone to be in that phase for a brief moment!) How is it looking now 3 days later?
Hi America Josh :),
I’m so happy I found your website. It’s the most helpful resource I have found so far! I have a question about the E-3 visa stamp interview.
My E-3 visa stamp expires in June 2023. My employer’s lawyers have filed the E-3 extension for me, which has been approved until June 2025. I am planning a visit to Sydney, Australia in October 2023. If my current visa stamp expires in June 2023, do I need to do my visa interview before June? Or since my extension has already been approved, can i do my interview in Sydney in October when Im there?
Thank you :),
Celine
I’m so glad you found me, too!
If you have an extension (I-797A received and in hand) then you are good to stay for the life of that IN the US. When that expires you would have to leave, but if you leave before then, you can’t re-enter until you get a sticker in your passport. So you can do that when you’re in Sydney in October.
Hey team,
I’ve got a question with degree relevancy – how aligned does a degree have to be to the work you end up doing?
I’ve got a Bachelor of arts, and will soon have a Master’s in Journalism/International relations, my professional experience is in the finance industry though – with change and communications.
Would I be okay going for any roles broadly in communications/change?
You should be able to piece together a narrative about how it applies, and just make sure the letter of offer includes something tailored to your experience.
Hey Josh
What if an applicant does not have a bachelor degree, but has 10+ years experience?
Generally, the equation is 3 years experience = 1 year Bachelor Degree. You can use companies like https://silvergateevaluations.com/ to get this evaluated and they will issue a Degree.
Hi American Josh team,
Thanks for all the work you do! I have a specific question and am going through another late-night E3 freak out.
My employer has put on my LCA and posting that I start my employment on March 20th 2023 (currently March 10th). I know considering the wait times and appointment scheduling there’s very little chance I’ll book a E3 visa appointment and get back to the US to start my new job in the next 10 days.
I know that you have to enter the US up to 10 days before starting a job on an E3, but what about entering the US after the date your employment starts according to the LCA? Is entering after this date allowed?
Thank you very very much for your help!
No issue at all – Your visa will be stamped as “starting” on the date they stamp it (not the LCA date) – but even if they do, your employer could write a letter as further evidence that you were waiting for an appointment. No issue.